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Terms & Conditions

General

Any use of the website appearing at URL www.walterandherbert.com (referred to as the "website") is subject to these General Terms and Conditions. You are treated as accepting these by using the website and therefore you should read them carefully. These General Terms and Conditions and the Privacy Policy together form one agreement and references to "Terms and Conditions" mean that agreement, incorporating both these documents. The website is owned and operated by:

The Optoplast Actman Eyewear Co. Ltd
83 Sefton Lane
Maghull
Liverpool
L31 8BU

Telephone: Tel: 44(0)151 526 2626

Email: info@oaeyewear.com

Company Registration Number: 6809321

The Optoplast Actman Eyewear Company Ltd is referred to in the Terms and Conditions as "The Optoplast Actman Eyewear Company Ltd", "us" or "we".

Your use of the website

All copyright and other rights in this web site (including text, photographs, other images, sounds, trademarks and logos) are owned by The Optoplast Actman Eyewear Company Ltd and its licensors. You may:

(a) browse the website (including making transient or cached copies of parts of the website to the extent this occurs in the normal course of using your browser); and

(b) print a copy of any page of the website provided you do not alter or remove any copyright, trade mark or other intellectual property rights notices provided you do not do any of the things listed below in this section 3.

You must not:

(c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software or services contained within the website (except to the extent expressly permitted under (a) or (b) above);

(d) use the website or any of its content for any commercial purpose, including any advertising or advertising revenue generation activity on another website;

(e) include any links to the website on another website;

(f) use the website or anything available on it for unlawful purposes; or

(g) hack into the website or any related computer system, make excessive traffic demands on the website, use in relation to the website any software robots, spiders, crawlers, or similar data gathering and/or extraction tools, introduce viruses or otherwise engage in any other activity that may reasonably be expected to (i) impose an unreasonable burden or load on our infrastructure; (ii) inhibit other users from using and/or enjoying the website or any other website; or (iii) damage the reputation of The Optoplast Actman Eyewear Company Ltd.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from (i) any third party claim, action, or demand resulting from your use of the website or from (ii) any breach by you (or by someone else to whom you have disclosed your password) of paragraphs (c) to (g) of this section 2.

We reserve the right to terminate or suspend your right to use the website at any time.

Links

The website may contain links to or from other websites. We are not responsible for the content appearing on, products or services available via, or the privacy or other practices used by, other websites.

Privacy and personal information

The privacy of your personal information is important to us. We only use personal information about you collected via the website in accordance with our Privacy Policy and by providing personal information on this site you agree to allow us to use it in accordance with that policy. We encourage you to read the privacy policies of other websites you link to from the website, or which you otherwise visit.

In the event that The Optoplast Actman Eyewear Company Ltd undergoes reorganisation or is sold to another business, you agree that any personal information The Optoplast Actman Eyewear Company Ltd holds about you may be transferred to the reorganised business or buyer.

Please note that calls to our customer service team may be recorded for quality and training purposes.

Buying Goods

i) Once goods are selected you will be required to register your personal details and provide details about your credit or debit card , to allow us to take payment for your order. We use a third party card authorisation service and you specifically consent to your data being transferred to them for such purpose.

ii) All orders are subject to our acceptance and the contract will only relate to the goods we have confirmed as dispatched. In the unfortunate instance that goods are not available, we reserve the right not to accept the offer for these, and we will notify you as soon as reasonable possible.

iii) We will only take payment at the time your order is shipped. If the order is split into multiple shipments, we will only charge for goods shipped on each shipment.

iv) We try to ensure all pricing information is correct, however if we discover an error in the price of the goods you have ordered, we will contact you as soon as possible. You will then be given the option of re-confirming your amended order or cancelling. If we are unable to contact you or do not receive a reply within a reasonable timescale we will treat the order as cancelled.

Delivery and Returns

UK Deliveries will be to the address on the order and effected within 2-5 working days. International delivery times will vary depending on your country.

EU Countries: Delivery will be within 10 Working days.

Outside EU: Delivery will be within 17 working days.

Please note there are certain countries we do not deliver to outside of the EU, if you are unsure, please send an e-mail to Customer Services before placing your order and we will check and confirm.

Please note we do not deliver to PO Boxes or similar.

On delivery you will be required to check the condition of the packaging. You must let us know about any damaged, missing and/or incorrect goods within 72 hours of receipt.

Cancellations, Refunds and Exchanges

We are confident you will love your W&H frames, however we understand that sometimes customers may have second thoughts. If your frames have not been glazed and you wish to request a refund or exchange. Please send an email within 14 days of your purchase to customercare@walterandherbert.com stating your name, order number and the reason for the return. Our customer care team will review your request and confirm options available.

To return any goods we recommend that you use a signed for delivery service and make sure the frames are insured as we cannot take any responsibility for any parcels lost in transit.

All returns (not faulty) must be in an unused condition in their original packaging. Refunds will be processed back on to the same card used to place the original order.

Carriage on returns is non-refundable, except if the product is faulty.

If you are based within the EU, you have the added protection of the Consumer Protection (Distance Selling) Regulations 2000.

Competitions, vouchers and offers

From time to time, we may offer promotions such as prizes or vouchers. These promotions will be subject to specific terms and conditions in respect of purchases made through the Walter & Herbert Website and or our Flagship Store on Monmouth St.

i) A voucher cannot be used to pay for taxes, shipping and handling or other charges.

ii) Only one promotional offer can be used against a purchase at any one time.

iii) Certain product category exclusions may apply. Our Staff will advise you of the promotional discount available on your purchase.

iv) If the promotion has expired the discount or terms of the promotion will not be available for your purchase.

v) If you return an item purchased with a promotional discount you will only be credited the net amount paid.

vi) We unfortunately are not able to replace lost or stolen W&H vouchers.

vii) We reserve the right to amend these terms and conditions at any time.

viii) Promotional items are only available while stocks last.

The promoter is Walter and Herbert, the Optoplast Actman Eyewear Co. Ltd 83 Sefton Lane, Liverpool, L31 8BU.

Liability

The following liabilities are not limited or excluded (and nothing elsewhere in the Terms and Conditions shall be interpreted as so doing):

(a) The Optoplast Actman Eyewear Company Ltd's liability for (i) death or personal injury resulting from its negligence; (ii) for fraud; (iii) under section 12 of the Sale of Goods Act 1979; or (iv) for any other liability which may not by applicable law be excluded or limited; and

(b) your statutory rights as a consumer.

Subject to those liabilities not being limited or excluded, The Optoplast Actman Eyewear Company Ltd shall not be liable (whether in contract, negligence or otherwise and to the fullest extent permitted by applicable law) for any:

(a) loss of business, profits, sales, revenue, bargain, opportunity or goodwill;

(b) indirect, special or consequential loss or damage;

(c) interruption to business;

(d) delays or interruptions in access to or operation of the website;

(e) loss of, loss of use of, or damage or corruption to, any software or data or computer equipment;

(f) loss or damages of any kind incurred as a result of use of any links on the website or third party sites to which those links point;

(g) computer viruses, system failure or malfunctions which may occur in connection with your use of the website;

(h) waste of management or other staff time; or

(i) events beyond our reasonable control.

Use of the website is provided free of charge (other than your normal internet connectivity charges) and you acknowledge that you access the site solely at your own risk on an "as is" and "as available" basis and that:

(a) The Optoplast Actman Eyewear Company Ltd makes no representations about the materials or information contained on the website;

(b) The Optoplast Actman Eyewear Company Ltd reserves the right to deny you access to the site;

(c) The Optoplast Actman Eyewear Company Ltd is not responsible or liable if the site does not work properly, or at all; and

(d) except as expressly set out in these Terms and Conditions, The Optoplast Actman Eyewear Company Ltd does not enter into conditions, warranties or other terms in relation to the website.

We try to make sure that all information contained on the website is correct, but we cannot and do not accept any liability for any error or omission and will not be liable for any action you may take as a result of relying on any information provided in the website.

We may suspend the operation of the website for maintenance or upgrade work from time to time and your access to and use of the website will not be uninterrupted or error free.

General and governing law

We may change the Terms and Conditions from time to time and will endeavour to notify you of any major changes by posting a message on the website. However, by accessing the website you are accepting that you are bound by the current version of the Terms and Conditions and therefore you should check these each time you revisit the website.

The Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter covered by them. If any provision is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing any of our rights under the Terms and Conditions without losing them. You agree that we may assign these Terms and Conditions or any of our rights or obligations without giving you notice.

We shall not be liable to any third party in respect of your use of (or inability to use) the website.

The Terms and Conditions shall be governed and interpreted in accordance with English law as if the Terms and Conditions were a contract wholly entered into and wholly performed within England and you consent to the non-exclusive jurisdiction of the English courts.